THE HONOURABLE SRI JUSTICE D.RAMESH
CRIMINAL PETITION NO.7420 OF 2021
ORDER:-
This Criminal Petition is filed under Section 482 Cr.P.C.
seeking to quash the proceedings in C.C.No.318 of 2015 on the
file of the Judicial Magistrate of First Class, Naidupeta, SPSR
District, and to set aside the conviction and sentence
imposed against them in the said vide judgment dated 06.03.2018,
in view of the compromise entered into by both the parties
2. Heard learned counsel for the petitioners, learned
Additional Public Prosecutor for the 1st respondent-State and
learned counsel appearing for the respondents 2 and 3/victims.
3. The petitioners are accused Nos.1 to 5 in C.C.No.318 of 2015 on the file of the Judicial Magistrate of First Class, Naidupeta, SPSR Nellore. They were tried for the offences punishable under Sections 452, 427, 323, 290, 506 r/w 34 IPC. Eventually, they were found guilty for the aforesaid offences and they were convicted as follows:- sentenced to undergo simple imprisonment for a period of two years and also to pay a fine of Rs.5000/- each in default of fine amount to suffer simple imprisonment for a period of six months for the offence under section 452 of IPC; sentenced to go to simple imprisonment for a period of six months and shall to pay a fine of Rs.3000/- each in default of fine amount to suffer simple imprisonment for a period of one month for the offence under section 427 of IPC; sentenced to go to simple imprisonment for a period of six months and shall to pay a fine of Rs.1000/- each in default of fine amount to suffer simple imprisonment for a period of one month for the offence 2 under section 323 of IPC; sentenced to pay a fine of Rs.200/- each in default of fine amount to suffer simple imprisonment for a period of ten days for the offence punishable under section 290 of IPC; further sentenced to go simple imprisonment for a period of six months and shall to pay a fine of Rs.5000/- each in default of payment of fine amount suffer simple imprisonment for three months for the offence under section 506 IPC. All the punishments shall run concurrently.
4. Aggrieved by the said judgment of conviction and sentence, they have preferred an appeal in Criminal Appeal No.146 of 2018 on the file of the Principal District and Sessions Judge, Nellore, SPSR Nellore District and it was made over to the learned VII Additional District and Sessions Judge's Court, Gudur, SPSR Nellore District and the same is pending.
5. During the pendency of the said appeal, both the parties have entered into a compromise. They have also filed a joint memo to that effect. They have also filed a petition in I.A.No.2 of 2021 seeking permission of this Court to compound the offences in view of the said compromise. The said petitions in I.A.Nos.2 and 3 of 2021 are allowed by this Court today.
6. Since the offences under Sections 290, 452 of IPC are non- compoundable offences, learned counsel for the petitioners relied on the judgment of the Supreme Court rendered in the case of Ramgopal v. State of Madhya Pradesh1. As per the law enunciated in the said judgment, the High Court in exercise of its inherent power under Section 482 Cr.P.C. can quash the criminal 1 (2021 SCC Online SC 834) 3 proceedings even when the appeals are pending relating to the said criminal cases and set aside the conviction in view of the compromise entered into by both the parties in appropriate cases.
7. Therefore, as the petitioners in this case have entered into a compromise and as the injured/victims also came forward to compound the offence, this Court is inclined to entertain the said compromise and quash the proceedings in exercise of its inherent power under Section 482 Cr.P.C.
8. Resultantly, the Criminal Petition is allowed and the criminal proceedings initiated against the petitioners are hereby quashed and consequently, the conviction recorded against the petitioners is also hereby set aside. The petitioners shall be set at liberty forthwith, if they are not required in any other case.
Consequently, miscellaneous applications pending, if any, shall stand closed.
_____________________ JUSTICE D.RAMESH Date :24.12.2021 Pnr 4 THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION No.7420 of 2021 28.12.2021 Pnr